In response to Manasota’s and Swiftmud’s attempt to dismiss the case, Francine Ffolkes, an administrative law judge in Tallahassee, wrote that “the petitioners (Polk County) essentially allege that their present water supply planning activities could be affected by issuance of the water use permit to the (Manasota) Authority.”

“The Petitioners’ allegations, taken as true, do not constitute pure speculation or conjecture,” Ffolkes wrote.

Ffolkes wrote in her order that in reviewing the motion to dismiss, she must assume that the allegations in the petitions are true.